Jihad in Kashmir

Today Pakistan is faced more with adamant Hindu chauvinism riding on the election campaign of Bharatiya Janta Party to retain power at all cost even if it comes to ruling the graves and 'shamshans'. India at the moment is a state without a statesman who can lead the people by the hand to serve the country and the nation.

Ground realities do not demand a war or a war-like situation for the third time of the fifty years of the existence of the country, the powers that are in India would sadly be mistaken if they think that war is always a solution to the problem. Bullying tactics and that too on the advice of a so-called friend whose track record is that he has never been a friend in need to his professed ally will be the greatest mistake of India - 'DUSHMAN RA NA TAMA HAQEER BECHARA SHAMURD' meaning thereby that the enemy should not be taken to be weakling. Pakistan may be a smaller country in size but not in brain, brawn and manpower, the history of Islam for the last fourteen hundred years is full of the deeds of heroes on the battlefields, every able bodied Musalman in Pakistan is a veritable soldier and fighter and takes inspiration from Jang-e-Badar when more than a thousand years ago 313 Musalmans were pitted against 1,000 non-Muslims who were defeated leaving behind a large booty in men and material.

India at the moment is faced with a lost diplomatic battle in the United Nations in the face which the Indian rulers are trying to consolidate their hold on the Muslim population of Kashmir in the face of a solemn promise given by the first Indian Prime Minister to hold a plebiscite in Kashmir. The Indian Prime Minister could not rise to the level of a statesman to stand by his words and hold the plebiscite. According to the biographers of Pundit Nehru, Kashmir has become an article of faith with him simply because he himself hailed from Kashmir. Kashmir is not the problem of India as such, it is only a problem of the rulers, the legacy of which has been handed down by Pundit Nehru the first Prime Minister who ruled for sixteen years and his daughter ruled for another ten years with his grandson for another couple of years. People in Shillong in Assam and Trevendrum in South are least interested to suffer the devastation and death of wars to retain Kashmir against the will of the Kashmiris. India would be better advised if nothing else to hold a plebiscite on Indian soil on this issue. Surely no Indian would like to face the devastation and death in order to keep a particular set of rulers in power.

The Nawab of Junagarh signed the accession of its state to Pakistan but the people being Hindu in majority, the state was forcibly taken over by India, should not Kashmir go the same way inspite of the instrument of accession signed by the Hindu Maharaja under Indian coercion and against the will of the people. India has no moral, legal or international right to hold Kashmir simply because United Nations is a weak international body which cannot give effect to its own resolutions.

The present fight in Kargil, Drass and Batalek sector will prove a waterloo for Hindu chauvinism and military adventurism, the people over there have been dubbed as intruders temporarily though with the successful diplomatic efforts of India, diplomacy is no answer to the spirit of Jihad, where people like Shaheed Major Mohammed Kazim lose their lives but retain the objective. It is a slur to call such persons as intruders, he is the man from Kharmang Baltistan who graduated from Gordon College Rawalpindi and could not be recruited in Pakistan Army and he joined the Azad Kashmir Regular Forces (AKRF) as a commissioned officer, he gallantly fought on different fronts of Kashmir for 11 years and in recognition of his gallantry in 1963-64 Captain Mohammed Kazim was decorated with Sitara-e-Jurat award by President Mohammed Ayub Khan and was also given special commission in Pakistan Army. Major Kazim fought gallantly in 1965 war with India, his devotion to duty and act of bravery and gallantry led him to Behrab Bazaar in East Pakistan in 1971 where he gave his life for the cause of Pakistan, it is not possible to kill the undaunted spirit of man and it will not be possible for India to do so in Kargil and rule over graveyards and 'shamshans' in their own country. Let India not forget that diplomats are always diplomats where spirit of truth and bravery are only bywords and their meaning may be different on different occasions. This is what happened in 1971 and this can happen in 1999. This is how American diplomacy runs, the only interest of USA is to back up India to an extent where it can prove an effective adversary to China and when the American task is done and India will be treated like a used shell as they did with the then policeman of the East, Raza Shah Pahalvi who could not even get an inch of land in USA for his graveyard which President Anwar Saadat condescended to offer for the royal matrimonial alliance between the rulers of Egypt and the fallen ruler of Iran.

Hindu all over India are advised to understand the spirit of Jihad which has been an article of faith for the Musalmans right from the day the Holy Prophet (SAW) led the battle of Badar in 623 AD. When a Musalman goes for Jihad he carries his coffin with him as a part of his military outfit with the hope of becoming a Shaheed who never dies and goes to heaven and if per chance he returns, he is a Ghazi - the Victorious. It was this spirit with the 313 Mujahideens in the Ghazawa-e-Badar in 623 AD which routed 1,000 non-Muslims, there were the Mujahideens fighting in Afghanistan who defeated another Super Power to ashes and there are the Mujahideens fighting in Kargil, Drass and Batalek and not the Pakistan Army, but when it comes to a war India will have to face 13 crore Mujahideens who are inspired by the spirit of Kalma-e-Tayyaba - LA ILLAHA ILLALAH MOHAMMEDUR RASOOL ALLAH with implicit faith in God and ready to lay down their lives as Shaheed. The Indian rulers must realize that their own caste system is going to pay back in their own coins and fifteen crores of Harijans would take it as an opportunity to get rid of their scheduled place in Indian society with political upheavals in East, West and South. In India, on top of it this is the last chance for Kashmiris and Pakistanis to stand up and rise to the occasion against the military adventurism of India backed by G-8 and led by the sole super power. The great super power is a great champion of human rights, but their conscience is dead when it comes to Kashmir where 60,000 people have been killed by the Indian Army. Were they intruders? World conscience must move to protest against murder, loot and arsons in Kashmir by the armed forces of India. Where the only interest of America is to prop up India as an effective adversary to China and obtain India's signatures on CTBT and NPT and add another feather to its cap before the Presidential Elections in America. This is the time now for Pakistan full of martial races and spirit to fight the followers of Ghandhian philosophy of 'Ahimsa' in India who are being misled by a handful of upper class Hindus and oppose India's main supportter.

Jihad And Its Kinds/Types

Praise be to Allaah.  

Firstly: 

Jihaad is of various kinds, some of which are obligatory upon everyone who is accountable, and some are obligatory upon the community as a whole – if some people undertake them then the rest are relieved of the obligation. And some kinds of jihad are mustahabb. 

Jihad al-nafs (jihad against one’s self) and jihad al-Shaytaan (jihad against the Shaytaan) are obligatory upon everyone who is accountable. Jihad against the munaafiqeen (hypocrites), kaafirs (disbelievers) and leaders of oppression and innovation is obligatory upon the community as a whole. Physical jihad (i.e. fighting) against the kaafirs may become an individual obligation upon everyone who is able to do it in certain circumstances, which will be described below. 

Ibn al-Qayyim (may Allaah have mercy on him) said: 

Once this is understood, then jihad is of four kinds: Jihad al-nafs (jihad against one’s self), jihad al-Shaytaan (jihad against the Shaytaan), jihad against the kaafirs and jihad against the hypocrites. 

Jihad al-nafs (jihad against one’s self) is of four kinds: 

1 – Striving to learn the teachings of Islam without which one cannot attain success and happiness in this world or in the Hereafter; if this is missing then one is doomed to misery in this world and in the Hereafter. 

2 – Striving to make oneself act in accordance with what one has learned. Simply knowing without acting, even though it may not cause any harm, is not going to bring any benefit. 

3 – Striving to call others to Islam, teaching those who do not know about it. Otherwise one will be one of those who conceal that which Allaah has revealed of guidance and teaching, and it will not benefit him or save him from the punishment of Allaah. 

4 – Striving to bear patiently the difficulties involved in calling people to Allaah and the insults of people; bearing all that for the sake of Allaah. 

If a person achieves all these four levels, then he will be one of the rabbaaniyyeen (learned men of religion who practise what they know and also preach to others. Cf. Aal ‘Imraan 3:79). The salaf were agreed that the scholar does not deserve to be called a rabbaani unless he knows the truth, acts in accordance with it and teaches it to others. Whoever teaches, acts in accordance with his knowledge and has knowledge, he will be called great in the kingdom of heaven. 

Jihad against the Shaytaan is of two types: 

1 – Warding off the doubts that he stirs up to undermine faith. 

2 – Striving against him to ward off the corrupt desires that he provokes. 

The first jihad is followed by certainty of faith, and the second is followed by patience. Allaah says (interpretation of the meaning): 

“And We made from among them (Children of Israel), leaders, giving guidance under Our Command, when they were patient and used to believe with certainty in Our Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.)”

[al-Sajdah 32:24] 

Allaah tells us that leadership in religion is attained through patience and certainty of faith. Patience wards off desires and certainty wards off doubts. 

Jihad against the kaafirs and hypocrites is of four kinds: with the heart, the tongue, one’s wealth and oneself. Jihad against the kaafirs is more along the lines of physical fighting whereas jihad against the hypocrites is more along the lines of using words and ideas. 

Jihad against the leaders of oppression and innovation is of three kinds: 

1 – Jihad with one's hand (i.e., physical jihad, fighting) if one is able. If that is not possible then it should be with one's tongue (i.e., by speaking out). If that is not possible then it should be with one's heart (i.e., by hating the evil and feeling that it is wrong). 

These are the thirteen types of jihad, and “Whoever dies without having fought or having resolved to fight has died following one of the branches of hypocrisy.” (Narrated by Muslim, 1910). 

Zaad al-Ma’aad, 3/9-11) 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: 

“Jihad is of various kinds, with one’s self, one's wealth, by making du’aa’, by teaching and guiding, by helping to do good in any way. The greatest form of jihad is jihad with one’s self (i.e., going oneself and fighting), followed by jihad with one's wealth, jihad by speaking out and guiding others. Da’wah is also part of jihad.  But going out oneself to fight in jihad is the highest form. 

(Fataawa al-Shaykh Ibn Baaz, 7/334, 335) 

Secondly: 

The idea of waging physical jihad against the kaafirs went through a number of stages, depending on the state in which the Muslim ummah was. Ibn al-Qayyim (may Allaah have mercy on him) said: 

“The first thing which his Lord revealed to him was to read in the name of his Lord who had created. That was the beginning of his Prophethood, where Allaah commanded him to recite to himself but He did not yet command him to convey that. Then He revealed the words (interpretation of the meaning: 

‘O you (Muhammad) enveloped in garments!

Arise and warn!’

[al-Muddaththir 74:1-2] 

So he became a Prophet with the word ‘Iqra (Read!) and he became a Messenger with the words, ‘O you (Muhammad) enveloped in garments…’ Then Allaah commanded him to warn his closest kinsmen, then to warn his people, then to warn the Arabs around them, then to warn all the Arabs, then to warn all of mankind. He continued to call them for over ten years from the beginning of his Prophethood, without fighting or imposing the jizyah; he was commanded to refrain, to be patient and to be forbearing. 

Then permission was given to him to migrate, and permission was given to him to fight. 

Then he was commanded to fight those who fought him, and to refrain from fighting those who left him alone and did not fight him. 

Then Allaah commanded him to fight the mushrikeen so that the religion would all be for Allaah. 

After jihad was enjoined upon him, the kaafirs then fell into three categories: those with whom there was a truce or peace treaty; those with whom he was at war; and those who lived under the rule and protection of the Islamic state.” 

(Zaad al-Ma’aad, 3/159) 

Thirdly: 

The ruling on physical jihad against the kaafirs is that this is an obligation on the community as a whole (fard kafaayah). 

Ibn Qudaamah said: 

“Jihaad is an obligation upon the community; if some people undertake it, the rest are relieved of the obligation.” 

What fard kafaayah means is that if it is not undertaken by enough people, then all the people are guilty of sin, but if enough people undertakes it, the rest will be relieved of blame. Initially the command is addressed to all of them, as in the case of an individual obligation (fard ‘ayn), but then in the case of fard kafaayah the obligation is dropped if enough of the people undertake to do it, unlike the case with fard ‘ayn where the obligation is not dropped if someone else does it. Jihad is a fard kafaayah, according to the majority of scholars.” 

(al-Mughni, 9/163) 

Shaykh ‘Abd al-‘Azeez ibn Baaz said:  

“We have previously explained on more than one occasion that jihad is fard kafaayah, not fard ‘ayn. All Muslims are enjoined to support their brothers with their selves (i.e., physically, by joining them), or with money, weapons, da’wah and advice. If enough of them go out (to fight), the rest are freed from sin, but if none of them do that then all of them are sinners. 

The Muslims in Saudi Arabia, Africa, North Africa and elsewhere are obliged to do their utmost, and if there is a jihad in one country, the surrounding countries should hasten to help them, the closest then the next closest.  If one or two states, or three or more, manage to fulfil the obligation, then the rest are freed of responsibility. They deserve to be supported, and it is obligatory to help them against their enemies, because they are oppressed. Allaah has enjoined jihad upon all Muslims, and they must fight against the enemies of Allaah until their brothers are victorious. If they fail to do that then they are sinners, but if sufficient people undertake to do that, then the rest are absolved of sin.” 

(Fataawa al-Shaykh Ibn Baaz, 7/335) 

Fourthly: 

Physical jihad against the kaafirs becomes obligatory in four cases, which are: 

1 – When the Muslim is present in a jihad situation.

2 – When the enemy has come and attacked a Muslim land

3 – When the ruler mobilizes the people, they must respond.

4 – When a person is needed and no one else can do the task except him. 

Shaykh Ibn ‘Uthaymeen said: 

Jihad is obligatory and becomes fard ‘ayn if a person is present where fighting is going on. This is the first of the situations in which jihad becomes an individual obligation, because Allaah says (interpretation of the meaning): 

“O you who believe! When you meet those who disbelieve, in a battlefield, never turn your backs to them.

And whoever turns his back to them on such a day — unless it be a stratagem of war, or to retreat to a troop (of his own), — he indeed has drawn upon himself wrath from Allaah. And his abode is Hell, and worst indeed is that destination!”

[al-Anfaal 8:16] 

The Prophet (peace and blessings of Allaah be upon him) said that running away on the day when the army is advancing is one of the sins that doom a person to Hell. He said: “Avoid the seven sins that doom a person to Hell…” among which he mentioned running away on the day when the army is advancing (agreed upon). But Allaah has made exceptions in two cases: 

1-     When it is a military manoeuvre, in the sense that he is leaving to bring reinforcements.

2-     When he is going to join another group, when he has been told that there is a group of Muslims elsewhere who are about to be defeated, so he goes to join them in order to strengthen their numbers. This is subject to the condition that there is no risk to the group he is in; if there is a risk to the group that he is in, then it is not permissible for him to go to the other group. In this case (jihad) is an individual obligation upon him (fard ‘ayn) and it is not permissible for him to leave.  

The second situation (in which jihad becomes an individual obligation) is when a city is besieged by the enemy. Then he has to fight in defence of the city, because when the city is besieged there is no alternative but to defend it, for if the enemy is going to prevent people from leaving the city or entering it, and prevent provisions from reaching it, and other things which are well known, then in this case the people of the city are obliged to fight in order to defend their city. 

The third situation is when the leader tells the people to mobilize; the leader (imam) is the highest authority in the state, but he need not necessarily be the leader of all the Muslims, because there has been no leader of all the Muslims (khaleefah) for a long time. The Prophet (peace and blessings of Allaah be upon him) said: “Listen and obey, even if you are ruled by an Abyssinian slave.” So if a man becomes a leader, then his word is to be heeded and his commands are to obeyed. 

(al-Sharh al-Mumti’, 8/10-12).